Section 305 – Duration and renewal.
70-3a-305. Duration and renewal. (1) The registration of a mark under this chapter expires five years after the date the division certifies the registration under Section 70-3a-304. (2) A registration may be renewed for an additional five years from the date a registration expires if the registrant: (a) files an application with the division: (i) […]
Section 306 – Assignments — Changes of name — Other instruments — Security interests — Acknowledgments.
70-3a-306. Assignments — Changes of name — Other instruments — Security interests — Acknowledgments. (1) (a) A mark and the mark’s registration under this chapter is assignable with: (i) the good will of the business in which the mark is used; or (ii) that part of the good will of the business connected with the […]
Section 307 – Cancellation.
70-3a-307. Cancellation. (1) The division shall cancel, in whole or in part: (a) a registration of mark for which the division receives a voluntary request for the registration’s cancellation from: (i) the registrant; or (ii) the assignee of record; (b) a registration of a mark: (i) granted under this chapter; and (ii) not renewed in […]
Section 308 – Classification.
70-3a-308. Classification. (1) (a) Except as provided in Subsection (1)(b), in administering this chapter, the division shall for the purposes of classifying: (i) goods, use the general classes of goods designated in 37 C.F.R. 6.1; and (ii) services, use the general classes of services designated in 37 C.F.R. 6.1. (b) If the United States Patent […]
Section 309 – Cybersquatting.
70-3a-309. Cybersquatting. (1) (a) A person is liable in a civil action by the owner of a mark, including a personal name, which is a mark for purposes of this section, if, without regard to the goods or services of the person or the mark’s owner, the person: (i) has a bad faith intent to […]
Section 303 – Filing of applications.
70-3a-303. Filing of applications. (1) The division may examine an application to determine whether the application conforms with this chapter if: (a) the application for registration is filed under Section 70-3a-302; and (b) the fee required by Section 70-3a-203 is paid. (2) If reasonably requested by the division or considered by the applicant to be […]
Section 304 – Certification of registration.
70-3a-304. Certification of registration. (1) If an applicant fully complies with this chapter, the division shall: (a) certify the registration; and (b) provide to the applicant documentation that the registration is certified. (2) The documentation described in Subsection (1) shall: (a) be affixed to the application of the applicant; or (b) include the information that […]
Section 301 – Registrability.
70-3a-301. Registrability. (1) A mark by which the goods or services of an applicant for registration may be distinguished from the goods or services of others may not be registered if it: (a) consists of or comprises immoral, deceptive, or scandalous matter; (b) consists of or comprises matter that may: (i) disparage or falsely suggest […]
Section 302 – Application for registration.
70-3a-302. Application for registration. (1) (a) Subject to the limitations in this chapter, any person who uses a mark may file with the division an application for registration of that mark. (b) The registration described in Subsection (1)(a) shall be filed in accordance with rules: (i) made by the division in accordance with Section 70-3a-201; […]